CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 6010

 

                    Chapter 13, Laws of 1995

 

                         (partial veto)

 

                        54th Legislature

                   1995 First Special Session

 

 

                  LEARNING ASSISTANCE PROGRAM

 

 

                    EFFECTIVE DATE:  8/22/95

Passed by the Senate May 16, 1995

  YEAS 35   NAYS 10

 

 

 

JOEL PRITCHARD

President of the Senate

 

Passed by the House May 23, 1995

  YEAS 82   NAYS 11

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6010 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

  CLYDE BALLARD

Speaker of the

      House of Representatives

MARTY BROWN

                            Secretary

 

 

Approved June 14, 1995, with the exception of section 2, which is vetoed. Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

           June 14, 1995 - 10:22 a.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                         SENATE BILL 6010

          _______________________________________________

 

          Passed Legislature - 1995 First Special Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators McAuliffe and Rinehart

 

Read first time 02/22/95.  Referred to Committee on Education.

 

Affecting the funding formula for the learning assistance program.



    AN ACT Relating to the learning assistance program; amending RCW 28A.165.070; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 28A.165.070 and 1993 sp.s. c 24 s 520 are each amended to read as follows:

    Each school district which has established an approved program shall be eligible, as determined by the superintendent of public instruction, for state funds made available for the purposes of such programs.

    (1) For the ((1993-94 and 1994-95)) 1995-96 school year((s)) and thereafter, the superintendent of public instruction shall distribute funds appropriated for the learning assistance program in accordance with the biennial appropriations act.  The distribution formula shall be based upon an assessment of students and a poverty factor.

    (2) ((For the 1995-96 school year and thereafter and unless modified under subsection (4) of this section, the superintendent of public instruction shall make use of data derived from the basic skills tests in determining the amount of funds for which a district may be eligible.  Funds shall be distributed according to the district's total full-time equivalent enrollment in kindergarten through grade nine and the percentage of the district's students taking the basic skills tests who scored in the lowest quartile as compared with national norms.  In making this calculation, the superintendent of public instruction may use an average over the immediately preceding five or fewer years of the district's percentage scoring in the lowest quartile.  The superintendent of public instruction shall also deduct the number of students at these age levels who are identified as specific learning disabled and are generating state funds for special education programs conducted pursuant to RCW 28A.155.010 through 28A.155.100, in distributing state funds for learning assistance.

    (3))) The distribution ((formula in this section)) of funds is for allocation purposes only.

    (((4))) (3) The superintendent of public instruction shall recommend to the legislature a new allocation formula ((for use in the 1995-97 fiscal biennium)) that uses additional elements consistent with performance-based education and  the new assessment system developed by the commission on student learning.  ((The superintendent may request a delay in development of the new allocation formula if the commission's assessment system is not available for use in the 1995-97 biennium)) The superintendent of public instruction shall develop the recommendations for a new allocation formula not later than the 1997-98 school year, based upon the initial implementation of the assessment system for reading, writing, communication, and mathematics.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *NEW SECTION.  Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

*Sec. 2 was vetoed.  See message at end of chapter.


    Passed the Senate May 16, 1995.

    Passed the House May 23, 1995.

Approved by the Governor June 14, 1995, with the exception of certain items which were vetoed.

    Filed in Office of Secretary of State June 14, 1995.


 

    Note: Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to section 2, Senate Bill No. 6010 entitled:

 

"AN ACT Relating to the learning assistance program;"

 

    Senate Bill No. 6010 changes the state funding formula for the learning assistance program beginning with the 1995-96 school year.  Section 2 contains an emergency clause indicating this act is necessary "for the immediate preservation of the public peace, health, or safety, or support of the state government." However, the new formula starts with the beginning of the 1995-96 school year, which is not until September 1, 1995.  Preventing this bill from being subject to a referendum under Article II, section 1(b) of the state Constitution unnecessarily denies the people of this state their power, at their own option, to approve or reject this bill at the polls.

 

    For this reason, I am vetoing section 2 of Senate Bill No. 6010.

 

    With the exception of section 2, Senate Bill No. 6010 is approved."